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2025 Supreme(Online)(CHH) 897
HIGH COURT OF CHHATTISGARH
BIBHU DATTA GURU, J
JITENDRA KUMAR SAHU – Appellant
Versus
THE STATE OF CHHATTISGARH – Respondent
WPS/1009/2022
Mr. Aniket Verma, Mr. Suyashdhar Badgaiya, Dy. GA
The court emphasized that authorities must consider the circumstances of a disabled employee when enforcing appointment conditions, as mandated by the Right of Persons with Disabilities Act, 2016.
Headnote:(A) Right of Persons with Disabilities Act, 2016 - Section 20 - Cancellation of appointment - Petitioner’s appointment as Forest Guard was cancelled for failing to produce a medical certificate within the stipulated time after an accident - Court found that the authorities failed to consider the petitioner’s disability and circumstances surrounding the delay in submission of documents. (Paras 1, 2, 6, 8)
(B) Non-discrimination in employment - The Act mandates that no government establishment shall discriminate against persons with disabilities in employment matters, and reasonable accommodations must be provided. (Paras 6, 7)
Facts of the case:
The petitioner was selected for the post of Forest Guard but faced cancellation of appointment due to non-submission of medical documents after an accident. He sustained a 45% disability and sought redressal for his employment rights under the Act.
Findings of Court:
The court quashed the cancellation order, directing the authorities to consider the petitioner’s case for employment in accordance with the Act.
Issues: The main issues were whether the cancellation of the appointment was justified given the petitioner’s circumstances and the applicability of the Act regarding employment rights for persons with disabilities.
Ratio Decidendi: The court ruled that the authorities should have considered the petitioner’s disability and the reasons for the delay in submitting the medical certificate, emphasizing the non-discrimination principle under the Act.
Result: Writ Petition allowed.
Order on Board
24/03/2025
1. Challenge in the present Writ Petition is to the order dated 18/02/2022 by which the appointment of the petitioner has been cancelled on the ground that the petitioner failed to produce the requisite medical certificate within a period of 15 days from the date of joining of service on 27/09/2019, pursuant to the order dated 25/09/2019. The petitioner is also seeking a direction towards the respondents’ authorities to give a posting under the provisions of the Right of Person with Disabilities Act, 2016.
2. (a) Learned counsel for the petitioner would submit that the Petitioner in pursuant to notification/advertisement dated 29/08/2018 for the post of Forest Guard issued by the Office of Deputy Director, Udanti Sitandi Tiger Reserve, Gatiyaband (C.G.), participated in the selection process and got selected for the post of Forest Guard after completing the physical measure and physical fitness test conducted on 12/09/2018. Subsequently, appointment order was issued to the petitioner on 25/09/2019 (Annexure-P/3) and he appeared before respondent Nos. 4 & 5 and gave his joining on 27/09/2019 (Annexure-P/4). According to the petitioner, he was asked to submit the medial fitness certificate.
(b) Since the petitioner had not brought his personal belonging from District Mahasamund, he applied for a leave of 5 days on 27/09/2019 (Annexure-P/5), which was granted to him by the respondents’ authorities and while going back to his house for the said purpose, the petitioner met with an accident and he informed the same along with medical prescription regarding the accident, which was received by respondent No.5 on 10/10/2019 (Annexure-P/6). Thereafter, the petitioner appeared before the Authorities and also submitted requisite medical certificate of his fitness after the treatment for accident, wherein the doctor certified that the petitioner was treated from 17/03/2020 to 20/03/2020 and advised for medical leave from 21/03/2020 to 20/04/2020. Thereafter, the petitioner requested the authorities to post him at a suitable place looking to his health condition and the disability occurred on account of accident. Based on the same, vide letter dated 26/12/2020, Deputy Director directed the petitioner to submit the requisite certificate from the Medical Board to enable them to take appropriate steps. Pursuant to the said directions, the petitioner submitted the Disability certificate dated 15/01/2021 issued by the District Medical Board, Gariyaband, wherein they assessed the disability of the petitioner at 45%, copy of the same has been produced by the petitioner before the Deputy Director by letter dated 25/01/2021. Thereafter, the petitioner is running from pillar to post for redressal of his grievance but the same does not fructify, and only correspondences took place from one office to another. The respondents’ authorities, subsequently, without appreciating the disabilities faced by the petitioner, all of a sudden, by order dated 18/02/2022 cancelled the appointment order of the petitioner on the ground that the petitioner failed to produce the requisite medical documents, as per the condition of the appointment order, within the stipulated period. The said order is illegal, arbitrary and not at all sustainable in the eyes of law.
(c) Referring to Section 20 of the Right of Persons with Disabilities Act, 2016 , The Act, 2016, he would submit that no Govt. establishment shall discriminate against any person with disability in any matter relating to employment, as such, the respondent authorities must have taken a decision as to what post the petitioner must be given after his disability and if no suitable post is present then a supernumerary post should be given as per the section 20 of the Act, 2016.
3. Per Contra, learned counsel for the State opposes the submissions made by learned counsel for the petitioner and submits that as per the condition No.2 of the appointment order, the petitioner was required to produce
